Yesterday morning was my day to go back to court. I had made sure that all my bases were covered. I even wrote notes to the teachers informing them the kids were being dropped off at a different location. I was seriously paranoid about Transportation getting mixed up and one of the the kids getting dropped off to an empty house. There are a lot of kids and bus routes and more than once I've had to deal with a miscommunication.
I managed to get to the courthouse on time. There were quite a few people in the jury room but I expected that. At about 8:30, one of the bailiffs came down and announced that jury A was needed. Many of us got that panicked look because we had no idea if we were jury A. We were told that those who were in jury A already knew.
Shortly, after jury A left, we were informed that we were to watch a short film about the jury duty process. I felt like I was back in high school sitting in Social Studies class. The film was informative and explained who the people in the court were and how the selection process worked. I'm pretty sure the courtroom stuff was staged because the defense lawyer looked way too young to practice law. At least it was current and everyone was dressed in modern fashions and I didn't have to worry about cheesy music soundtracks.
After the film was over, we were told to use the restroom because it would be a while before we got the chance again. About 10 minutes later, we were called to go upstairs to the courtroom. When we got upstairs, the clerk called us by name and gave us a place in line to stand. We were divided up into rows with about 5 people per row. This was our seating order when we got into the court room. Once again I had that high school feeling.
Once in the courtroom, the selection process began. I don't remember the correct legal term for what we did or how to spell it but it was used throughout the day. Once again, the same people I saw the week before were in the room. The difference was that we were given introductions to all of them. There were 2 defense lawyers next to the defendant and that side also had a paralegal and law student observing. The prosecution had 2 lawyers. There was a court reporter in the corner. There were bailiffs in the other corner, a courtroom scheduling clerk, and the judge. I tried not to look at the court reporter. She was seated at a desk behind the diving wall of the courtroom so only the top of her from shoulder up was visible. As she typed, her whole body moved giving the impression that she had the shakes.
The defense attorney was the one to introduce himself and do the rest of the courtroom introductions. He thanked us and then spent time chatting with us about himself and the nature of what would happen during the day. He also told us that instead of asking general questions first, they would call individual people back and ask detailed personal questions. These were based on what the individual wrote on that last information form. We were not allowed to leave the courtroom while this was going on so we just sat and talked amongst ourselves.
Before we started the one on one questions, the judge did ask a few need to know questions. We were asked if we were residents of this particular county. Seems funny but Sioux Falls covers 2 different counties so every once in a while someone from town gets the wrong info. We also were asked if we were able to read and understand English. We were asked if we had any medical conditions that would prevent us from sitting more than 2 hours. We were also asked if we had any other concerns that we needed to address.
One of the potential jurors was having a total conniption fit over the whole selection process. She at first tried to use general excuses to get dismissed, and then tried to tell the judge that she just couldn't be here doing this. She was quite upset about spending her time here and was also very angry at the court for making her be there. I guess she had some sort of business that involved flower arraignments and some prom was this weekend and she needed to spend time working on that. I know this because she wouldn't stop whining about it to those who were sitting near her. I was seated one row in front of her and spent my time talking to the people in front of me. I'm pretty sure the majority of us who had to sit near her were ready to commit assault and slap the snot out of her. Um, newsflash honey...we ALL have better things to do with our day than sit here. We were only too happy when she finally got called into the back room and did not return.
The individual question part took about an hour or so. There were several individuals who were called back and never returned. I assume that they were dismissed based on what they answered. I also got a call back. I had written on my form that I had read about this case. The truth is I did back in 2008 when the incident happened. I could honestly answer (and I did) that I could not remember a thing about the case. I answered that I did form an opinion at that time but I truthfully could not remember what it was. I was asked if this would affect my opinion of this case and I answered that no if wouldn't. I got to return back to the courtroom for round 2.
After the first part was over, we were given a break. Most of us had been sitting around but of course the court reporter and courtroom staff had been busy so the break was for them. We got to go back down to the jury room and smokers got to go light one up.
When we returned, the next hour or so was spent with the defense attorney asking us a bunch of open-ended discussion questions. We were told that if picked, we would need to be present for 5-7days. We were asked if anyone had scheduling conflicts and could not be available. A few people were dismissed for that reason. One of the jurors asked about a fishing trip and was told, no, probably not. The defense attorney also read a list of names off. These were people who worked in the States Attorney's office, police officers associated with this case, possible witnesses, family members of the defendant, and any other person who might in some way be involved with this case. One of the names read was the first cousin of the loving husband. I raised my hand and indicated my relationship with this person. I was asked how much I communicated with her and if I had spoken of the nature of this case. I replied that I had not seen her in months and did not speak of this case to her. I was asked if my relationship with her would affect my judgement of this case and I said no. I was not dismissed.
Many of the questions that were asked of us were asked in a way to start a discussion. The officers of the court wanted our opinions on things and made a point of telling us repeatedly that we were to ask as many questions as we wanted to. There were quite a few questions asked several different ways. They wanted to know what we thought reasonable doubt was, if it would influence our opinion if the prosecution had more people testifying than the defense, what do we think of when we hear about an expert witness, does a police officer testifying have more weight just because he is a police officer. Trust me, there was a lot of strange questions and I learned way more about those around me than I really wanted to know.
As questions were being asked of us, I thought about them in terms of "can" and do I want to". We were asked if we could look at autopsy photos of a young child. Do I want to? no. Can I do it? yes. Do I want to be available for 5-7 days for this trial? No. Can I be? yes. Each time we were asked a question, I used this as my weed out process. I figured if I hit a no on the "can I do this", then I could truthfully bow out and ask to be dismissed. It really wasn't fair to the process if I just raised my hand and said I didn't want to do this. After all, who really wants to sit on this kind of trial?
We finally broke for lunch and were given about an hour and a half or so. Sadly, the closest restaurant was a nice Chinese place and I avoided it because I really didn't want to eat something that would disagree with me. We didn't get that many breaks and I didn't want to sit in court with an ill stomach. I probably should not have drank all that Coke though.
After lunch, we returned to the courtroom. The defense attorney started by asking the juror who had the fishing trip more about that trip. It seems that the trip was actually a tournament. The defense then decided to be nice to the guy and dismiss him from the trial. As he was in the process of asking for the dismissal, the judge interrupted him and stated "but the juror didn't ask to be dismissed" The look on that attorney's face was priceless. When asked if he wanted to be dismissed, the juror decided that if he was needed then he could do the trial. Later on, those of us in the jury pool teased him about his decision telling him he blew his chance.
The questions continued and after about an hour or so I was feeling the effects of my dinner soda. I really don't remember the last half hour as I was trying not think about wetting myself. I was very close to the point of asking if I could go to the restroom when a break was finally called. I all but ran out of the courtroom.
As the day continued, I started to get a little nervous. I hadn't been dismissed and maybe I was what they wanted in a juror. There was a lot of people around me participating in the discussion but I really didn't feel the need to add my opinions (shocking, I know). I was very aware of the fact that we were there to be judged and every thing we said or did mattered. My thought was to keep as quiet and under the radar as possible. If they didn't know a lot about me, other than what was on my question sheet, maybe they wouldn't want me. I was a little surprised at how easy it seemed they were on letting jurors go. Those that indicated that they could not form a fair opinion after one or more of the questions were dismissed. Some couldn't get past the victims age, some couldn't stand the sight of blood, and at least one was unable to see the defendant as anything other than guilty unless proven innocent.
I was also a little surprised at some of the questions that were asked by the jurors. Some of the questions that we asked could be answered but others could not be. When asked direct questions about the defendant, most of those answers were not given but there were a few questions concerning the welfare of that person. We were told that we could not take sentencing into consideration when deciding a verdict and we could not even ask what the penalty for the crime was. One juror even asked if this was a death penalty case. That question was not answered.
After yet another break, the prosecutor finally took the floor and asked his questions. They were very similar to the ones that had already been asked. By this time I was beginning to wonder if maybe I was going to have to sit on this trial. I was even starting to make those mental preparations with childcare and transportation. One of the last questions asked of us was whether of not we could find a person guilty even if the evidence proved it beyond reasonable doubt. I know it sounds kind of funny but I guess it does make sense. Sitting in judgement of a person is a very big responsibility and there are those who don't want that on their head. I had no reservations. If the evidence found the person guilty then I would vote guilty.
After what seemed like forever in the courtroom, the prosecutor turned to the judge and said that this panel passed. At that point we were dismissed and sent back down to the jury room to wait. There were about 15 or 16 of us left and we all knew that we were in the final round of cuts.
I went back downstairs and called the loving husband to tell him that I was still there and hoped to be done by 5. There was nothing more to do but wait. I was pretty sure they wouldn't want me but since I had spent the day there without getting dismissed I was pretty nervous. I started chatting with another one of the jurors who was also a mother. There were several of us left standing which was quite surprising. We both were of the same opinion....well I've invested all this time so far, I might as well get picked.
Finally, they called us back into the jury room to wait. The clerk came in and read one name. That person indicated who she was and was told that she was to stay. The clerk then told the rest of us that we were dismissed from this trial. We were to call in on Friday and resume that schedule. As we walked out of the room, we passed by the selected individual and expressed our condolences.
I'm really not sure what I feel at this point. Part of me is sorry I didn't get picked. It would have been interesting to actually be a juror on a major trial. The rest of me knows that I'm glad I was not selected. I really would not have wanted to go through such a trial. I don't know if I will sit on a jury any time this month and I don't know if I will have to go through another day like I spent yesterday but I am really glad it's over.
Now if only I could get the $63 I spent in daycare costs reimbursed back to me.
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